I agree that software patents in principle can be useful. For instance, the FFT seems a crisp and clean enough algorithm that a patent on it would be meaningful.
OTOH, what good would a patent on QuickSort do anyone? Everyone would just use some different nlogn sorting algorithm. Usually, in software, there are various ways to solve a problem, different in detail but similar in spirit. The software universe is more flexible than the physical universe. I agree that the European approach to software patenting seems to work better than the US approach. A lot of the problems with the US patent system these days are really just corrollaries of the more general problem with the US legal system, which is that it dramatically favors whomever is rich enough to hire the best lawyers to spend the most hours. -- Ben G -----Original Message----- From: [EMAIL PROTECTED] [mailto:[EMAIL PROTECTED] Behalf Of J. Andrew Rogers Sent: Thursday, September 09, 2004 1:28 PM To: [EMAIL PROTECTED] Subject: RE: [agi] AGI road map revised version > Software patents in Europe do not hold and have been > discussed a lot in recent years in the context of the > European Union. Software patents are allowed in Europe, contrary to popular belief, but they are held to a stricter (arguably saner) standard and specification than they are in the US. So it isn't that there are no software patents in Europe, it is just that they have substantially different scope than US software patents. As a consequence, there aren't nearly as many patents for things like the infamous Amazon 1-click patent. I would still maintain that some algorithms should be patentable (e.g. the RSA algorithm) in any consistent patent system, and that if you don't allow patents on these types of inventions -- which are clearly qualified by any universal standard -- then you can't reasonably allow patents on ANY type of invention. I do object to arbitrary, capricious, and inconsistent determinations of what is and isn't patentable, which makes up the foundation of most of the arguments against software patents. As an example, general algorithm patents in software are EXACTLY analogous to chemical process patents, yet these are treated as though they are entirely different things in these debates. Folks need to decide whether or not patents are a good thing (we can always go back to Trade Secrets), and live with the consequences of consistent application. Acting as though algorithms in software are different than algorithms anywhere else is disingenuous. j. andrew rogers ------- To unsubscribe, change your address, or temporarily deactivate your subscription, please go to http://v2.listbox.com/member/[EMAIL PROTECTED] ------- To unsubscribe, change your address, or temporarily deactivate your subscription, please go to http://v2.listbox.com/member/[EMAIL PROTECTED]
